District Judge Maynard A. "Bud" Hamilton Jr. will be suspended for nine months without pay and must serve one year of probation for attacking an off-duty police sergeant during a birthday party last year at a Manor Township golf course, it was announced Friday.
The state Court of Judicial Discipline imposed the sentence nine days after listening to testimony from supporters of the 65-year-old judge.
The suspension, which starts Wednesday, will cost Hamilton about $55,000 of his annual $74,566 salary.
The governor will appoint a replacement for Hamilton, a district judge since 1988 whose district comprises Pequea, Strasburg and West Lampeter townships and Strasburg Borough.
While on probation, Hamilton, who is in the second year of a six-year term, must report monthly to Joseph A. Massa Jr., chief counsel for the Judicial Conduct Board.
A report will be submitted monthly to the Court of Judicial Discipline, and any violations could result in further sanctions.
Two of the eight judges dissented, saying the suspension was "unduly harsh."
Massa, who prosecuted Hamilton, said Friday in a statement that such conduct won't be tolerated. "The board was convinced that Judge Hamilton's conduct in physically assaulting an off-duty police officer and verbally abusing the officer's wife was reprehensible and brought dishonor and shame to the judicial office he holds," Massa said. "The severe sanction imposed by the court sends a clear signal that the high standards of integrity and ethical conduct which the public reasonably expects of its judges extends beyond the limits of the judge's court.
"Even in a judge's personal life, he or she must adhere to high standards of probity and propriety."
Merrill M. Spahn Jr., Hamilton's attorney, said Friday the suspension is too long.
"We are pleased with the fact that Judge Hamilton was not removed from the bench," Spahn said. "However, we are disappointed with the length of the suspension imposed."
Spahn said he spoke briefly Friday with Hamilton but said no decision was made about the judge's future.
"I haven't spoken in great detail with him," Spahn said. "I'll be going over his options with him in the next few days."
A sanctions hearing before a panel of eight judges was held July 18 in Harrisburg. Five people testified, including two local police chiefs and the retired Southern Regional police sergeant Hamilton punched.
Robert Buser, 60, told the judges he had reconciled with Hamilton and called the altercation "a mistake." The pair recently took a golf trip together and have a second planned for the fall.
A hearing before a panel of judges to determine whether Hamilton attacked Buser on June 10, 2006, at Crossgates Golf Course was scheduled for May 2. Spahn and Massa reached an agreement shortly before the start of that hearing allowing Hamilton to admit punching Buser but not admit he boasted about it at a meeting with other judges.
Massa detailed the dispute and fight between Hamilton and Buser in court documents filed in November.
On June 8, 2006, Hamilton asked Buser for a year's worth of work assignments, such as officer schedules, from the Southern Regional Police Department.
Hamilton became angry with Buser after the sergeant told him he could provide three months worth of assignments, but not a year's worth.
Buser returned to Hamilton's office at 324 Beaver Valley Pike June 9, 2006, and dropped off four months of work assignments and a $150 check for a July golf trip. The next evening, Hamilton and Buser attended a birthday party at Crossgates Golf Course.
While at the party, Buser asked Hamilton if he had received the check for the golf trip. Hamilton replied, "Yes," but when Buser approached to shake hands, Hamilton said, "I have had enough of your (expletive). I am not going to take any more. Let's go downstairs and take care of this man to man. I'm gonna kick your ass," according to the court documents.
Buser followed Hamilton, but he said he wanted to talk, not fight.
Hamilton demanded Buser remove his glasses and butted his chest against the sergeant's, according to the court documents.
Before Buser could remove his glasses, Hamilton punched him in the face, knocking off the glasses. Buser picked up his glasses and told Hamilton he would have to pay to replace them.
When Buser threatened to call police, Hamilton said, "This was a mutual fight, and it would not do any good to call the cops."
Hamilton then punched Buser again in the head.
Buser was knocked to the ground, and Hamilton walked away, according to the documents.
Hamilton returned to the party and told Buser's wife she could "go pick your piece of (expletive) husband up off the floor," according to the documents.
Hamilton later apologized to Buser and his wife.
Chief County Detective Michael Landis investigated the incident and determined there would be probable cause to charge Hamilton with simple assault. Hamilton, however, was not charged because Buser and golf course officials declined to press charges, investigators said.
"Judges hold positions of great and sacred public trust," Massa said. "Because judges are highly visible symbols of law and order, the board considers lawless public misbehavior by a judge as particularly troublesome; and similar judicial misconduct will be aggressively investigated and charged in the future."
E-mail: blovelace@lnpnews.com